2001 Planning Commission Packets

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Mounds View Animal Hospital July 18, 2009 Page 2 DISCUSSION Variance Request According to the 1Vlunicipal Code, Section 1104.01, Subdivision 4(c)(2), parking areas in a B-2 zoning district must be located at least 30 feet from front property lines. As shown on the attached site plan, the proposed parking area would be located 15 feet frorn the right-of-way of County Highway 10 and 5 feet from the right-of-way of Eastwood Road. Both sfireet frontages require a 30- foot setback for parking areas. For this Variance to be approved, as with any Variance request, there needs to be demonstrated substantial hardship or practical difficulties associated with the property that makes a literal interpretation of the Code overly burdensome or restrictive to a property owner. State statutes require that the governing body {the Planning Commission) review a set of specified criteria for each application and make its decision in accordance with these criteria. These criteria are set forth in Section 1125.02, Subdivision 2, of the City Code. The Code clearly states that a hardship exists when all of the criteria are met. The individual criteria are as follows: a. Exceptional ar extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owners of the property since the effective date hereof have had no controL The properry located at 2625 County Highway 10 is an irregular shaped comer lot with street frontage on both County Highway 10 and Eastwood Road. The size of the lot, the shape of the lot, and that the lot has two street frontages are exceptional and extraordinary circumstances that is not generally similar to other properties in the same zoning district. b. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Title. The shape and size of the Iot may make commercial development prohibitively difficult on this lot if the provisions in the City Code were sixictly adhered to. c. That the special conditions or circumstances do not result from the actions of the applican�. Neither the orientation of the lot (two street frontages) nor the irregular shape of the lot were created by the applicant. d. That granting the variance requested wilI not confer on the applicant any special privilege that is denied by this Title to owners of other tands, structures or buildings in the same district. Granting a Variance in tttis case would not confer a special privilege on the applicant. The